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There was a contract desired to be registered betwixt one David Nairn and one Patrick Sutor, which contract was subscribed by both the parties with their hand writs, that could not write, led by a notary. In the same contract, there were sundry places upon the margins, which were not in the body of the contract, and also interlined in sundry parts: Therefore, this Nairn summoned Sutor to hear and see the said places verified by the notary and witnesses inserted in the said contract. It was alleged on the contrary, That no witness ought to be received thereupon; because, the said contract contained in it infeftments and reversions of lands, which ought not to be proved by witnesses; and the matter appeared to be very dangerous to admit probation, which required solemn and authentic writ to be proved by witnesses. The Lords, for the most part, pronounced by interlocutor, that they would not receive the notary and witnesses to verify the clauses that were contained in the margin, and so would neither register nor admit to probation the notary and witnesses inserted in the clauses contained in the margin.
